Duty Of Care / Proximity Cases Flashcards
Kent v Griffiths
It WAS held reasonably foreseeable that if an ambulance arrived late to a call that the waiting patient could suffer harm.
Bourhill v young
It was NOT considered reasonably foreseeable that a person 50 yards away from a motorbike accident who did not witness it could suffer shock and a miscarriage due to the rider’s lack of care.
Bourhill v Young (proximity)
There was NO proximity in terms of space as claimant did not witness the accident and voluntarily went to look at aftermath
McLoughlin v Obrein
There WAS proximity in terms of a relationship as even though claimant did not witness the accident, she saw the immediate aftermath and had close ties of love and affection with the victims
Donoghue vs Stevenson
The was proximity in terms of reliance as claimant relied on the manufacturer of the ginger beer
Hill v CC West Yorkshire police
There was no proximity between the police and the relatives of the Yorkshire rippers last victim after the police failed to catch him before he killed her. The police were held not to owe a duty to all relatives of the potential victims of a crime.
Osman v Ferguson
There WAS proximity between the police and the victims of an attack as the police had specific information as to the potential identified victim
Mulcahy v MoD
The court decided it was NOT fair just and reasonable to impose a duty of care on the army towards its soldiers in battle conditions
Nettleship V Weston
A driver owes a duty of care to his passenger and other road users
Montgomery v Lanarkshire
A doctor owes a duty of care to his patient.
Condon v basi
A sportsman owes a duty of care to another sportsman playing in the same match.
Walker v Northumberland CC
An employer owes a duty of care to their employees
Arthur JS hall & co v Simon’s
A lawyer owes a duty of care to their client
Caparo v dickman
The case that set up the old three part test
